BILL NUMBER: AB 409	CHAPTERED
	BILL TEXT

	CHAPTER  552
	FILED WITH SECRETARY OF STATE  OCTOBER 7, 2001
	APPROVED BY GOVERNOR  OCTOBER 5, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 13, 2001
	PASSED THE SENATE  SEPTEMBER 10, 2001
	AMENDED IN SENATE  AUGUST 27, 2001
	AMENDED IN ASSEMBLY  MAY 31, 2001

INTRODUCED BY   Assembly Member Correa
   (Coauthor:  Assembly Member Negrete McLeod)

                        FEBRUARY 20, 2001

   An act to amend Section 13961.01 of the Government Code, relating
to victims of crime, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 409, Correa.  Victims of crime:  extension of filing period.
   Existing law provides for the indemnification of victims and
derivative victims of specified types of crimes from the Restitution
Fund, which is continuously appropriated to the California Victim
Compensation and Government Claims Board for these purposes.  A
victim or derivative victim is generally required to file an
application for assistance with the board within one year of the
crime or the date the victim attains 18 years of age, whichever is
later, unless that deadline is extended for good cause to a 3-year
period under certain circumstances.  Existing law authorizes, until
January 1, 2003, an additional extension to be granted for good cause
under certain circumstances.
   This bill would also authorize an additional extension for filing
an application when it is filed by a victim or derivative victim of a
crime for which the perpetrator or perpetrators received a sentence
of death or life without possibility of parole, and certain other
conditions are met.  It would also extend the effective date of the
provisions regarding the additional extension to January 1, 2004.  By
providing for expanded and continued uses of a continuously
appropriated fund, this bill would make an appropriation.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 13961.01 of the Government Code is amended to
read:
   13961.01.  (a) In addition to the additional extension for good
cause authorized under Section 13961, the board may also for good
cause grant an additional extension beyond three years when the claim
is filed under any of the following circumstances:
   (1) The application is filed by a minor derivative victim where
the direct victim is permanently disabled or has died as a result of
the crime.
   (2) The application is filed based on a crime described in Section
261, 286, 288, 288a, 288.5, or 289 of the Penal Code, or penetration
of an anal or genital opening as described in Section 289.5 of the
Penal Code as it existed prior to January 1, 1995, and all of the
following criteria are met:
   (A) The victim was under the age of 18 years at the time the crime
was committed.
   (B) The crime was reported to a law enforcement agency, as defined
in subdivision (p) of Section 290 of the Penal Code, or a child
protective agency, as defined in Section 11165.9 of the Penal Code.
   (C) The application is accompanied by either of the following:
   (i) A copy of the report of the crime filed with an agency
described in subparagraph (B) and a recommendation from either the
investigating officer or the prosecuting attorney that the
application for late filing be approved, and the application is filed
within one year of the date the victim receives the recommendation.

   (ii) Documentation that a complaint, information, or indictment
alleging the crime giving rise to the application was filed.
   (3) The direct victim has died as a result of the crime, but the
fact is not discovered until after the expiration of the time limits
imposed by this section.
   (4) The application is filed by a victim or derivative victim of a
crime for which the perpetrator or perpetrators received a sentence
of death or life without possibility of parole and either of the
following is true:
   (A) The prosecuting attorney or a law enforcement officer
documents that the victim or derivative victim filing the application
was not informed of the provisions of this chapter within the time
period for filing an application under subdivision (c) of Section
13961.
   (B) The victim or derivative victim filing the application
provides documentation that he or she received notice from the Board
of Prison Terms, the Attorney General, or the prosecuting district
attorney's office that a date was set for a clemency hearing or an
execution of the perpetrator or perpetrators.
   (b) No application shall be denied under paragraphs (1) to (4),
inclusive, of subdivision (a) solely because the crime was not
reported to law enforcement within a specified time period.
   (c) For the purposes of this section, the board may consider
applications filed with the board on or after October 4, 1993, that
meet the criteria for delayed filing as set forth in subdivision (a).

   (d) This section shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2004, deletes or extends
that date.